The Hawaiian gazette., 1887-11-29

| Marshal and sheriffs, ministers, Judges ana
others hold that privilege by the present
i law, there seems no necessity for retaruino
a Governor with that honorary privilege. Bv
| Section $50 of the Civil Code, the Governor
| of Oahu is implicitly authorized to control
| the actions of all male residents Of Hepolnl1
'going to fire" but as that power is shared
| by numerous other and more apprpuriafe
| officers, this function of the Governor seernsE
antiquated and useless.
Section 379 of the Civil Code invests tba
! Governor with powers to inspect and ap-
prove weights and measures. Your Com
mittee think this duty more appropriate n
the Police Department, and have therefore
amended the bill, SO as to transfer this drt,
| to the Marshal and Sheriffs, withIp their ~
spective jurisdictions.
Section 247 of the Civil Code imposes uno,
| the Governor certain duties in regard 20 reois-
| tration and certihcatiOn Of brands and
marks. Your Committee consider It entirel1
appropriate and conducive to the public con-
venienee that the very meagre duties undar
this section of the Code shall be transferred 10
the Marshal, and Sheriffs, and therefore sur-
port the proposition 10 that end. IN the biil
By Sections $50 and 36l of the ivil C5de
the Governors are authorized to superintend
and direct the Marshal and Sheriffs in the
preservation of wrecks or wreckaee cast uron
our shore. Your Committee in view of the
fact that the police officers are nov in
practical control of this subject, endorse the
proposition of the bill, to transfer them
to their sole authority IN the prsmlses.
The drafts drawn by District Justices unop
the Treasury, for the payment Of f5eir
salaries, require by Section 47S os the Civil
Code the cOuntersignature of the Govsrnor
of their respective Islands. While your Com
mittee think this requirement useless cere-
mony, yet they consider the proposition 10
transfer this authority to the Marshal 4aud
hafr IL
amend the section named, and so rec "A
mend such transfer. But in view of the pr
vision of Section of the Act, we reco=inend
the striking out of the words assessors and
tax collectors from the Twelfth line.
The selection of jurors is now made bv the
Governors of the different Islands, acting in
concert with Judge of a Court of record a.
provided by Chapter XVII. of the laws OF
1870, Compiled Laws 35S. Your COMMITTEES
are of opinion that the Marshal and Sheriffs
may we'll be substituted for the several Gov
ernors, and so recommend.
We also consider that the Marshal and
Sherifs may well be entrusted with the verv
few duties now incumbent upon the Cover
nors as to the shipping and discharge Of
native seamen upon vessels engaged in
foreign trade. The country and the Ha-
waiian race, IL the opinion of your commit
tee, have entirely outgrown the necessity for
this official guardianship OF Hawaiian sea-
men, yet while the statute providing for
such guardianship remains on the books.
your committee indorse the proposition OF
the bill to transfer it to the Marshal and
Sheriffs.
The result of our investigation with regard
to Section of the bill, therefore, is thar we
recommend that the same do pass. with the
exceptions noted.
The striking out of the words " Assessors
and Tax Collectors from line u. and tbs
insertion of line between lines II and Is TO
read: IS. The testing and certiicatiou OF
weights and measures
We reeommend.that Section of the said
bill do pass without amendment.
Section of the said bill refers exclusively
to the relations between the Minister Of Fl
nance and the Assessors and Collectors of
Taxes. The law as it now stands provides
for the appointment by the Minister of Fl
nance, upon the nomination of the Governor.
of Tax Collectors for the different taxation
districts. Ihe Governors, under the present
law, are responsible to nobody for the iust,
discharge of their present duties. By the
terms of their commissions they hold Office
for four years, with no obligation 10 any
superior as to the methods by which. or the
honesty with which they shall DISCHARGE
their official duties. There is positively no
restraint upon them, save that Of self-lnter-
est, or such as conscience may impose, to
prevent the appointment OF unfit or dis
honest men to office. 1t seems fitting, in the
opinion OF your committee that ths Assess
ors and Collectors should be directlv an
pointed by, and directly responsible 10 the
head OF that department, which is the aim
and purpose of Section 3 of the
bill. 1t seems needlessly tortuOus ard in
that the collectors of f,xes
should be responsible to the Gov ernor.
who Is responsible to no one, and n ON
sistent that the internal taxes OF the kiuo-
dom should pass through the hands { Off
GERS las at present they pass thrui gh the
hands OF the Governors) who are under no
IN the way Of bonds for the
falthtul disposition of such suns We
think 1t well, however, to provide for the
transfer of the tax lists from the assessors 10
the collectors, through the hands of an
othcer resident on the island where the duties
Of such collectors lie, which is provided for
in Section of this bill.
We therefore recommend that Section . of
the bill do pass, with the amendment that the
figures $50" and 1912 in line "a. and the
words 'as amended'' in line %, be stricken
put, and that the words "and Sections SO and
81 OF SAID chapter, as amended by Chapter
XVII OF the session laws of 1886, be in
serted after the figures 1882 in line 25.
Your committee recommend that Section
ot said bill do pass without amendment.
Section 1897 of the Civil Code provides for
Inc binding out OF minors to apprenticeship
IN certain instances where the parents Of
such minors are dead and they have no auth
orlzed guardian. In all American States the
care OF orphans is deemed the special func-
hon OF Courts of Probate, and your commit
Zee recommend the transfer of the function
dow enjoyed by the Governors in this Behalf
TO the Judges of the Courts of Record.
besides the duties enumerated by this
Dill, there are number of Others, most
y OF little or no importance. imposed.
upon the Governors. The most inposl
ant OF these consist in the appointment r.
Police Constables and District Justices. e3t
1t which, IN the opinion Of your committee.
should be transferred to the hands Of those
Who are more closely interested in. and di-
,ectly responsible for the administration Of
,he police and the Judiciary respectively.
The appointment of these officers, we feel
convinced from recent experience. could
scarcely be in worse hands than at present.
and change in the methods of their ap--
polntment seems imperative. But as such
transfer is proposed by other bills now before
the House, We pass the subject for the
present.
The military functions Of the Governors,